,,ii #aagth ,,congress #b;d ,session ,s4 #cifd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #cj1 #bjbb,mr4 ,moran introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to modify the family caregiver program of the ,department of ,veterans ,affairs to include services related to mental health and neurological disorders1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reinforcing ,enhanced ,support through ,promoting ,equity for ,caregivers ,act of #bjbb or the ,,respect ,act of #bjbb4 #b4 ,modification of family caregiver program of ,department of ,veterans ,affairs to include services related to mental health and neurological disorders 7a7 ,in general ,section #agbj;,g of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,c7-- 7i7 in clause 7iii71 by striking 2 or and inserting a semicolon2 7ii7 by redesignating clause 7iv7 as clause 7v72 and 7iii7 by inserting after clause 7iii7 the following new clause 7iv73 7iv7 a diagnosed mental illness or history of suicidal ideation within the past three years that puts the veteran at risk of self-harm2 or 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a77ii77,,vi7-- 7,i7 in item 7aa71 by striking 2 and and inserting a semicolon2 7,,ii7 in item 7bb71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following new item3 7cc7 mental health treatment and counseling services4 2 and 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7iii7-- 7aa7 in the matter preceding subclause 7,i7-- 7,,aa7 by striking or regular instruction and inserting 1 regular instruction2 and 7,,bb7 by inserting or a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under paragraph 7#b77;,c77iv71 before the ,secretary shall2 7bb7 in subclause 7,,ii71 by inserting before the period at the end the following3 1 or assistance relating to the risk of self-harm of the veteran1 as the case may be2 and 7cc7 in subclause 7,,iii71 by striking such supervision1 protection1 or instruction to the veteran and inserting to the veteran such supervision1 protection1 or instruction1 or assistance relating to the risk of self-harm of the veteran1 as the case may be2 and 7,,ii7 by adding at the end the following new clauses3 7v7 7,i7 ,for purposes of determining the amount and degree of personal care services provided under clause 7i7 with respect to a veteran described in subclause 7,,ii71 the ,secretary shall take into account relevant documentation evidencing the provision of personal care services with respect to the veteran during the preceding three-year period4 7,,ii7 ,a veteran described in this subclause is a veteran whose need for personal care services as described in paragraph 7#b77;,c7 is based in whole or in part on-- 7aa7 a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under clause 7iv7 of such paragraph2 or 7bb7 a neurological disorder4 2 and 7,c7 by adding at the end the following new paragraph3 7#ad7 ,the ,secretary shall establish a process and requirements for clinicians of facilities of the ,department-- 7,a7 to document incidents in which an eligible veteran presents at such a facility for treatment for an emergent or urgent mental health crisis or an eligible veteran is assessed by such a clinician to be at risk for suicide2 and 7,b7 provide such documentation to the program established under paragraph 7#a74 2 and 7#b7 in subsection 7d71 by adding at the end the following new paragraph3 7#e7 ,the term qualified mental health professional means a psychiatrist1 psychologist1 licensed clinical social worker1 psychiatric nurse1 or other licensed mental health professional as the ,secretary considers appropriate4 4 7b7 ,timing for establishment of requirements and processes 7#a7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall-- 7,a7 establish the process and requirements required under paragraph 7#ad7 of section #agbj;,g7a7 of title #ch1 ,united ,states ,code1 as added by subsection 7a77#a77;,c72 and 7,b7 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a description of such process and requirements4 7#b7 ,certification 7,a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall require all clinicians of facilities of the ,department to certify to the ,secretary that the clinician understands the process and requirements established under paragraph 7#a77;,a74 7,b7 ,facilities of the ,department defined ,in this paragraph1 the term facilities of the ,department has the meaning given that term in section #agja of title #ch1 ,united ,states ,code4 #c4 ,requirements relating to evaluations1 assessments1 and reassessments relating to eligibility of veterans and caregivers for family caregiver program 7a7 ,in general ,subsection 7a7 of section #agbj;,g of title #ch1 ,united ,states ,code1 as amended by section #b7;a77#a71 is further amended by adding at the end the following new paragraphs3 7#ae7 7,a7 ,for purposes of conducting evaluations and assessments to determine eligibility of a veteran and caregiver for the program established under paragraph 7#a7 or conducting reassessments to determine continued eligibility for such program1 the ,secretary shall-- 7i7 take into account relevant documentation and medical records generated by non-,department health care providers1 including qualified mental health professionals and neurological specialists2 7ii7 if the caregiver of the veteran claims that the serious injury or need for personal care services of the veteran as described in paragraph 7#b7 is based in whole or in part on psychological trauma or another mental disorder1 ensure-- 7,i7 a qualified mental health professional that treats the veteran participates in the evaluation process2 and 7,,ii7 a qualified mental health professional participates in the assessment or reassessment process2 and 7iii7 if the caregiver of the veteran claims that the serious injury or need for personal care services of the veteran as described in paragraph 7#b7 is based in whole or in part on a neurological disorder1 ensure-- 7,i7 a neurological specialist that treats the veteran participates in the evaluation process2 and 7,,ii7 a neurological specialist participates in the assessment or reassessment process4 7,b7 7i7 ,the ,secretary shall establish an appropriate time limit during a #bd-;hour period for the active participation of a veteran in an evaluation1 assessment1 or reassessment to determine eligibility of the veteran for the program established under paragraph 7#a74 7ii7 ,in determining an appropriate time limit for a veteran under clause 7i71 the ,secretary shall-- 7,i7 take into consideration necessary accommodations for the veteran stemming from the disability or medical condition of the veteran2 and 7,,ii7 consult with the primary care provider1 neurological specialist1 or qualified mental health professional that is treating the veteran4 7,c7 ,the ,secretary shall not require the presence of a veteran during portions of an evaluation1 assessment1 or reassessment to determine eligibility of the veteran for the program established under paragraph 7#a7 that only require the active participation of the caregiver4 7,d7 7i7 ,the ,secretary shall make reasonable efforts to assist a caregiver and veteran in obtaining evidence necessary to substantiate the claims of the caregiver and veteran in the application process for evaluation1 assessment1 or reassessment for the program established under paragraph 7#a74 7ii7 7,i7 ,as part of the assistance provided to a caregiver or veteran under clause 7i71 the ,secretary shall make reasonable efforts to obtain relevant private records that the caregiver or veteran adequately identifies to the ,secretary4 7,,ii7 ,whenever the ,secretary1 after making reasonable efforts under subclause 7,i71 is unable to obtain all of the relevant records sought1 the ,secretary shall notify the caregiver and veteran that the ,secretary is unable to obtain records with respect to the claim1 which shall include-- 7aa7 an identification of the records the ,secretary is unable to obtain2 7bb7 a brief explanation of the efforts that the ,secretary made to obtain such records2 and 7cc7 an explanation that the ,secretary will make a determination based on the evidence of record and that this clause does not prohibit the submission of records at a later date if such submission is otherwise allowed4 7,,iii7 ,the ,secretary shall make not fewer than two requests to a custodian of a private record in order for an effort to obtain such record to be treated as reasonable under subclause 7,i71 unless it is made evident by the first request that a second request would be futile in obtaining such record4 7iii7 ,under regulations prescribed by the ,secretary1 the ,secretary-- 7,i7 shall encourage a caregiver and veteran to submit relevant private medical records of the veteran to the ,secretary to substantiate the claims of the caregiver and veteran in the application process for evaluation1 assessment1 or reassessment for the program established under paragraph 7#a7 if such submission does not burden the caregiver or veteran2 and 7,,ii7 may require the caregiver or veteran to authorize the ,secretary to obtain such relevant private medical records if such authorization is required to comply with ,federal1 ,state1 or local law4 7#af7 7,a7 ,the ,secretary1 in consultation with a health care provider1 neurological specialist1 or qualified mental health professional that is treating a veteran1 shall waive the reassessment requirement for the veteran for participation in the program established under paragraph 7#a7 if-- 7i7 the serious injury of the veteran under paragraph 7#b7 is significantly caused by a degenerative or chronic condition2 and 7ii7 such condition is unlikely to improve the dependency of the veteran for personal care services4 7,b7 ,the ,secretary shall require a health care provider1 neurological specialist1 or qualified mental health professional that is treating a veteran to annually certify the clinical decision of the provider1 specialist1 or professional under subparagraph 7,a74 7,c7 ,the ,secretary may rescind a waiver under subparagraph 7,a7 with respect to a veteran and require a reassessment of the veteran if a health care provider1 neurological specialist1 or qualified mental health professional that is treating the veteran makes a clinical determination that the level of dependency of the veteran for personal care services has diminished since the last certification of the clinical decision of the provider1 specialist1 or professional under subparagraph 7,b74 4 7b7 ,definition ,subsection 7d7 of such section1 as amended by section #b7;a77#b71 is further amended-- 7#a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following new paragraph 7#d73 7#d7 ,the term neurological specialist means a neurologist1 neuropsychiatrist1 physiatrist1 geriatrician1 certified brain injury specialist1 neurology nurse1 neurology nurse practitioner1 neurology physician assistant1 or such other licensed medical professional as the ,secretary considers appropriate4 4 #d4 ,requirements relating to provision of grants for assistance to family caregivers of veterans 7a7 ,distribution of grants ,section #agbj;,g7a77#c7 of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subparagraph3 7,e7 7i7 ,the ,secretary shall distribute grants provided under subparagraph 7,a77ii77,,vi7 to entities eligible for the provision of such a grant in geographically dispersed areas4 7ii7 ,in providing grants to entities under subparagraph 7,a77ii77,,vi71 the ,secretary shall provide equal consideration to national1 regional1 and local organizations1 in an effort to adequately serve individuals in need of services provided pursuant to such a grant4 4 7b7 ,grant program requirements 7#a7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall begin the rulemaking process to establish a grant program under each of items 7aa71 7bb71 and 7cc7 of section #agbj;,g7a77#c77;,a77ii77,,vi7 of title #ch1 ,united ,states ,code1 as amended by section #b7;a77#a77;,b77i71 to provide grants under such items4 7#b7 ,report 7,a7 ,in general ,not later than one year after the date on which the first grant is provided after the date of the enactment of this ,act under a grant program established under paragraph 7#a71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the provision of grants under each such program4 7,b7 ,elements ,the report required by subparagraph 7,a7 shall include the following3 7i7 ,an assessment of the effectiveness of the grant programs established under paragraph 7#a71 including-- 7,i7 the number of individuals who benefitted from each grant program in each ,veterans ,integrated ,service ,network of the ,department of ,veterans ,affairs2 and 7,,ii7 an assessment of the effectiveness of increasing engagement by individuals eligible for such programs in mental health care treatment and services1 financial planning services1 and legal services in each ,veterans ,integrated ,service ,network4 7ii7 ,a list of recipients of grants under each such program and their partner organizations1 if applicable1 that delivered services funded by the grant and the amount of such grant received by each recipient and partner organization4